XN000022-1985-08-27 — Page 7

ON

TUESDAY, AUGUST 27, 1985

A GOVERNMENT SPOKESMAN SAID: +UNDER THE MAGISTRATES (AMENDMENT) ORDINANCE PASSED IN MAY 1984, A DEFENDANT WILL NOT GENERALLY BE ISSUED A SUMMONS IN THE FIRST INSTANCE FOR A MINOR OFFENCE.

+ INSTEAD A NOTICE OF PROSECUTION WILL BE ISSUED AND SUBSEQUENT PROCEEDINGS WILL BE DEALT WITH IN THE ABSENCE OF THE COMPLAINANT AND DEFENDANT UNLESS THE DEFENDANT WISHES TO DENY THE CHARGE OR REQUESTS A HEARING.+

MINOR OFFENCES ARE THOSE WHERE THE MAXIMUM PENALTY IS A FINE OF $10 000 AND IMPRISONMENT FOR SIX MONTHS, WHETHER OR NOT THERE MAY BE ANY ADDITIONAL COURT ORDER RELATING TO COMPENSATION OR LICENCE DISQUALIFICATION.

HE STRESSED THAT UNDER NO CIRCUMSTANCES WILL A DEFENDANT BE SENTENCED TO A TERM OF IMPRISONMENT OR DISQUALIFIED FROM HOLDING OR OBTAINING A LICENCE WITHOUT HIS BEING PRESENT AND BEING GIVEN THE OPPORTUNITY TO MAKE REPRESENTATIONS. SHOULD THE COURT CONSIDER THAT A FINE IS NOT ADEQUATE PUNISHMENT A SUMMONS WILL BE ISSUED ORDERING THE DEFENDANT TO APPEAR BEFORE THE COURT.

HE SAID, THE NEW PROCEDURES ARE DEEMED AS AN ALTERNATIVE TO THE PRESENT SUMMONS SYSTEM AND ITS USE WILL BE AT THE DISCRETION OF THE LAW ENFORCEMENT AGENCIES, INCLUDING THE POLICE, DEPENDING ON THEIR PARTICULAR PRIORITIES AND PROBLEMS.+

HE SAID WHEN A PERSON IS REPORTED FOR A MINOR OFFENCE, THE COURT WILL SEND HIM A NOTICE OF PROSECUTION FOR MINOR OFFENCE BY POST INFORMING HIM OF THE ALLEGATION THAT HAS BEEN MADE AGAINST HIM AND THE MAXIMUM PENALTY FOR THE OFFENCE. IT ALSO INFORMS HIM OF HIS FOUR OPTIONS, WHICH ARE:

FIRST, HE MAY PLEAD NOT GUILTY, IN WHICH CASE HE MUST SEND WRITTEN NOTICE TO THE FIRST CLERK OF THE MAGISTRACY BY A SPECIFIED DATE. A SUMMONS WILL THEN BE SENT TO HIM ORDERING HIM TO APPEAR BEFORE THE COURT.

SECONDLY, HE MAY WISH TO PLEAD GUILTY BUT WOULD LIKE TO APPEAR BEFORE THE COURT TO OFFER AN EXPLANATION. IN THIS CASE HE MUST SEND WRITTEN NOTICE TO THE FIRST CLERK OF THE MAGISTRACY BY A SPECIFIED DATE. A SUMMONS WILL THEN BE SENT TO HIM.

THIRDLY, HE MAY WISH TO PLEAD GUILTY AND NOT APPEAR BEFORE THE COURT. THIS HE MAY DO BY WRITING TO THE FIRST CLERK: HE MAY INCLUDE IN HIS LETTER ANYTHING HE WANTS TO EXPLAIN TO THE COURT ABOUT THE OFFENCE OR IN MITIGATION OF PENALTY.

FOURTHLY, HE MAY IGNORE THE NOTICE OF PROSECUTION. IF THE DEFENDANT DOES NOTHING BY THE DATE SPECIFIED IN THE NOTICE, THE COURT MAY DEAL WITH THE CASE AS IF HE HAS PLEADED GUILTY TO THE CHARGE AND AGREED THE SUMMARY OF FACTS STATED IN THE NOTICE.

/IF A